R. v. Morrisey
Encyclopedia
R. v. Morrisey, [2000] 2 S.C.R. 90 is a leading Supreme Court of Canada
decision on the right to be free of cruel and unusual punishment
under section 12
of the Canadian Charter of Rights and Freedoms
. The Court held that there can be exemptions for mandatory prison sentences where the sentence is unreasonable or has an effect upon the accused that may be considered harsh.
, was drinking with two friends in a cabin. Morrisey and his friend Adrian Teed sawed the barrel off a shotgun. Morrisey told Teed the gun was for the purpose of committing a robbery when in fact he was intending to kill himself due to recent relationship problems. Morrisey drove the third bud home, and when he returned to the cabin Teed was sleeping in a bunk bed. Morrisey leapt onto the bunk bed while holding the loaded shotgun. He subsequently fell off the bed, likely due to his intoxication, and the gun accidentally discharged, fatally wounding Teed.
Morrisey was charged with criminal negligence causing death under section 220(a) of the Criminal Code of Canada
.
At trial the judge found that the mandatory four-year sentence required under section 220(a) violated section 12 of the Charter. Instead, Morrisey was sentenced to two years including the time he spent in pre-trial custody. The Court of Appeal overturned the ruling.
The question before the Court was whether section 12 was violated and if so, was it justified under section 1.
The Supreme Court upheld the ruling of the Court of Appeal and found there to be no violation, but the Court allowed the time in pre-trial custody to be included in the sentence.
Gonthier gave two situations where section 12 can be invoked for cruel and unusual sentences. First, there are situations where the sentence itself is reasonable but for a particular person may have an effect on the accused that would be overly harsh. Second, if the sentence is reasonable for the particular person then the court must consider whether it would be harsh in a reasonable hypothetical situation.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the right to be free of cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
under section 12
Section Twelve of the Canadian Charter of Rights and Freedoms
Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individual's freedom from cruel and unusual punishments in Canada. The section has generated some case law, including the essential...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. The Court held that there can be exemptions for mandatory prison sentences where the sentence is unreasonable or has an effect upon the accused that may be considered harsh.
Background
Marty Morrisey, a 36 year old from Belmont, Nova ScotiaBelmont, Nova Scotia
Belmont is a community in the Canadian province of Nova Scotia, located in Colchester County.-References:*...
, was drinking with two friends in a cabin. Morrisey and his friend Adrian Teed sawed the barrel off a shotgun. Morrisey told Teed the gun was for the purpose of committing a robbery when in fact he was intending to kill himself due to recent relationship problems. Morrisey drove the third bud home, and when he returned to the cabin Teed was sleeping in a bunk bed. Morrisey leapt onto the bunk bed while holding the loaded shotgun. He subsequently fell off the bed, likely due to his intoxication, and the gun accidentally discharged, fatally wounding Teed.
Morrisey was charged with criminal negligence causing death under section 220(a) of the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
.
At trial the judge found that the mandatory four-year sentence required under section 220(a) violated section 12 of the Charter. Instead, Morrisey was sentenced to two years including the time he spent in pre-trial custody. The Court of Appeal overturned the ruling.
The question before the Court was whether section 12 was violated and if so, was it justified under section 1.
The Supreme Court upheld the ruling of the Court of Appeal and found there to be no violation, but the Court allowed the time in pre-trial custody to be included in the sentence.
Opinion of the Court
Justice Gonthier wrote the opinion for the majority. He first considered all the previous decisions on section 12 and rearticulated the analysis. He stated that when a sentence is merely disproportionate to the offence it is not enough to invoke section 12. The true purpose of section 12 is to protect "against punishment which is so excessive as to outrage our society's sense of decency", which he admitted is a high standard as the court should not be "quick to invalidate sentences crafted by legislators."Gonthier gave two situations where section 12 can be invoked for cruel and unusual sentences. First, there are situations where the sentence itself is reasonable but for a particular person may have an effect on the accused that would be overly harsh. Second, if the sentence is reasonable for the particular person then the court must consider whether it would be harsh in a reasonable hypothetical situation.